EEA family permit: derivative right of residence

The EEA family permit is ending. After 30 June 2021 they will no longer be valid and no new applications will be accepted.

At the moment, only unmarried partners (‘durable partners’) can make an application. Other close family members will be able to apply later in January 2021. You may be eligible for the EU Settlement Scheme family permit instead. If you need help, contact UKVI.

You can apply for a family permit if you have a ‘derivative right of residence’ as the:

  • primary carer of an EU, EEA or Swiss child in the UK who is financially independent (‘self-sufficient’)
  • child of an EU, EEA or Swiss former worker and you’re currently in education in the UK
  • primary carer of a child of an EU, EEA or Swiss former worker and the child is currently in education in the UK
  • primary carer of a British child who is residing in the UK and would be forced to leave if their primary carer wasn’t in the UK
  • primary carer of a British dependent adult who is residing in the UK and would be forced to leave if their primary carer wasn’t in the UK
  • child of a primary carer who qualifies through one of these categories

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

As a ‘primary carer’, you have responsibility for the day to day care of a person, including making decisions about their education, health, and finances. You must be a family member or their legal guardian, and can be their main carer or share that responsibility with someone else.

Find out more about derivative rights of residence in the caseworker guidance:

Documents you must provide

You will need to provide evidence proving:

  • your eligibility
  • your family member’s eligibility
  • your relationship

You’ll also need to provide information about the person you care for, including proof:

  • that they’re dependent on you, and were before 1 January 2021, such as court orders or details of care responsibilities
  • that they’re living in the UK, such as tenancy agreements, utility bills or bank statements
  • that children who are EU, EEA or Swiss citizens are financially independent (‘self-sufficient’) and have full health insurance (‘comprehensive sickness insurance’) in the UK

You may also need to provide extra evidence depending on how you’re claiming your derivative right of residence.

Children of an EU, EEA or Swiss citizens who used to work in the UK

You must show that:

  • you’re in education in the UK, for example a letter from the school
  • you were in the UK when your EU, EEA or Swiss parent was working in the UK
  • you were in education in the UK at a time when your EU, EEA or Swiss parent was also present in the UK

You’ll need to provide a certified translation of any documents that are not in English or Welsh.

Make a derivative right of residence application for a family permit

You must apply online for an EEA family permit.

You must be outside the UK to apply.